Monthly Archives: July 2010

How can we be sure our employees receive their “holiday benefit” when some of them are required to work on holidays to meet client demands?

Common practice is to pay 8 hours of holiday pay in addition to the hours worked during the holiday week. Holiday pay does not apply to overtime calculations. Some companies will give the employees who work a day off in…

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How do we document underperformance for an employee that is “not working out”? We have only 10 employees.

HR issues can be a real headache for small businesses. It might be a good idea to take some HR classes to prepare for future HR issues. State laws vary, making it important to be aware of specific state regulations.…

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An employee simply left work without telling anyone. We called him and he said his supervisor had been less than nice when talking to him so he said he quit and left. How do I list this in his file?

The employee’s file should reflect the fact that the employee voluntarily quit. This is, in fact, the truth since you did not fire the worker. A voluntary quit will disqualify the worker from unemployment benefits and prevent the company from…

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Define “Terminated” versus “Laid off” for employees whose job function has been eliminated.

Some state agencies and companies view the term “Terminated” as meaning “fired for misconduct”. Other organizations have a much simpler meaning – “Terminated” means “no longer working for the company” without any additional implication. It is safer (from the employee’s…

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I need some clarification about temporary layoffs, notification requirements, bringing back laid off employees and reporting requirements.

The WARN acts (Worker Adjustment and Retraining Acts) apply to both permanent and short term layoffs when a facility will be closed. If you are laying off 100 or more workers you must give 60 days notice to the employees,…

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As an HR employee I already knew and congratulated an employee before the promotion was formally announced. Three days later I was fired for releasing confidential information. Was this legal?

This action by the employer was not wrongful termination. While there are no laws that require confidentiality about promotions, many companies have such a policy in place. Discussing the promotion prematurely (apparently in public) you showed poor judgment that caused…

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I fired one of my family members. My efforts to contact her went un answered so I left a message she was terminated for causing unacceptable hardship to my business. What are your comments on this situation?

When small companies hire members of the same family this situation is the common result. Small companies should never hire relatives. Family members will see family loyalty as more important that employer loyalty and react by causing problems with your…

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If an employee leaves before accruing full vacation time, are we obligated to pay out the accrued time or the full vacation time?

Your vacation policy is too ambiguous and leaves you vulnerable to a host of problems and complaints. It is possible that your policy could open the door to illegal discrimination charges. Your company needs to create a well-defined policy of…

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